Dowell v. Board of Education, 396 U.S. 269 (1969)

Dowell v. Board of Education of Oklahoma City Public Schools


No. 603


Decided December 15, 1969
396 U.S. 269

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE TENTH CIRCUIT

Syllabus

The District Court approved a school board’s desegregation proposal to revise school boundaries effective at the start of the school year and ordered the board to submit a complete desegregation plan within two months thereafter. Intervenors appealed with respect to the boundary provision and sought a stay of its effectuation. The Court of Appeals summarily vacated the District Court’s order as inappropriate except as part of an overall plan.

Held: The Court of Appeals should have allowed the implementation of the proposal, as to which petitioners did not object, pending argument and decision of the appeal. Alexander v. Holmes County Board, ante, p. 19.

Certiorari granted; vacated and remanded.